custody

Mullen, Schlough & Associates S.C. attorneys are leading River Falls and Chippewa Falls due to their lawyers efficient legal custody & physical placement practice.

Definitions: Legal Custody – Legal custody is the decision-making authority for major decisions about a child’s life including consent to marry, consented to enter military service, consented to obtain a driver’s license, authorization for non emergency health care, choice of school and choice of religion.

Physical placement – Physical placement is the actual time a child is in a parent’s care.

Topic Expanded:

Just remember:

Legal Custody = Decision-making authority over major issues of the child’s life.

Where to go to school….YES.   When to go to bed….NO.

Physical Placement = Actual time taking care of the child and authority to make routine every day decisions.

Where to go to school…..NO     When to go to bed…YES.

A court must order a physical placement schedule for a child or children that allows the child or children to have regularly occurring, meaningful periods of physical placement with each parent (unless placement with such parent would endanger the child’s physical, emotional or mental health.  You need a little more proof then “the other parent is a loser” to establish this.). A court must consider “the best needs of the child” when making its decision. Though this is the law, it is the most highly contested litigated area in this section of family law. A court should not show a deference toward the mother or the father.  Also there is a presumption that both parents should have an equal amount of legal custody and physical placement barring a significant physical, emotional or mental health of the child factor.

WARNING – WARNING – WARNING

If you live in this “Ideal World’, CONGRADULATIONS.  You can probably save some money because you won’t need an attorney.  You are a rarity and both parents should be commended for their maturity and flexibility.  In an ideal world both parents would get together and form a new physical placement schedule for the child or children that works with all parties involved. However, as most people know, this is not how the world works.  Circumstances change in a child and/or parent’s life. Both parents typically find someone new that has schedule needs or someone finds a new job or a new place to live that conflicts with someone else’s life needs.  Often times, the parties disagree on physical placement and/or legal custody of the child or children.  Hence the fight begins.

When parties cannot agree on legal custody or physical placement terms, a Physical Placement/Legal Custody Modification needs to take place.  Click on this link to find out more details on how the process works and what the court uses as factors in making its decision.

Recommendation:  Legal Custody and Physical Placement

Remember:

  • Hiring some “fancy” attorney with a great reputation not from the area is not helping you.  Each judge is a human like the rest of us and we all have our “hot buttons”.  Hiring an attorney who doesn’t know the judge isn’t doing your kids or your wallet a favor.
  • Though child support can always be changed (theoretically) there has to be a “substantial change” to do it.  If there is a change, hire a well-organized attorney that can easily and effectively show the court your situation.  If you don’t, you could find yourself trapped in a situation that doesn’t work for either you or your kids.
  • Do yourself a favor and don’t let the wrong parties have more power then they should have.  Our attorneys will help you with this.

Don’t let child support jeopardize your future and your child’s future if done incorrectly, contact us immediately to find out how one of our experienced family law attorneys can help you.

We know you need the best in knowledgeable legal representation from a family law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you call (888) 375-3056 for a FREE confidential consultation.

So what will the attorneys at Mullen, Schlough & Associates do for me?

Whether you have a criminal case, drunk driving or some type of family law case like a divorce or custody matter, our attorneys have been handling these type and only these type cases for the better part of 14 years.  With that kind of experience comes “strategies and techniques” that we’ve found either work, work well or don’t work at all.

For example:

Telling the district attorney we’re going to take the case to a jury trial right from the start might get you a better offer from the start….and it might not.

Telling the district attorney we’re going to take your case to trial after we win an important motion or do some other “case altering event” will probably get you a better offer.

Telling the district attorney we’re going to take your case to a trial after receiving some damaging evidence motion hearing or losing an Important motion hearing WILL NOT get you a better offer.

OR

Telling the judge you’ve moved out with your kids one night without letting you wife know, moved in with your girlfriend and told your kids to start calling her Mom right in the middle of the school year while yanking your kids out of their school and enrolling them in a new school 200 miles away WILL NOT win a lot of bonus points with the vast majority of judges.

Reading these examples without living them seem pretty straight forward.  However, you as our clients will be living in the situation.  Most if not all our clients do what they do for a reason.

For example, I had a client that was enjoying a football game and the multitude of beer that went along with it.  During the 3rd quarter, he received a phone call, got in his car, drove 150 miles and got a DUI.  Seems straight forward and somewhat stupid right?  What if I told you his daughter was in a terrible car accident and on life support in the emergency room?  You probably won’t read about that in the drunk driving police report.

Though the district attorney didn’t have a lot of sympathy, a jury sure did.

THE POINT:  KNOWING WHAT TO DO WITH THE FACTS OF THE CASE WILL MAKE THE DIFFERENCE EVERY TIME.

What can you guys do for me that I can’t do myself?

We know what to do with the facts of your case.  Did you know that the police officer has to have his emergency lights off when he gives you the HGN {or also known as the “stare at the pen”) according to the National Highway Safety Manual?  If the cop didn’t, we can file a motion to have the field sobriety test thrown out. If the field sobriety test is thrown out, the entire case may be dismissed as well (whether you were drunk or not).

“Technicalities” like these are why we get cases dismissed before jury trials.  The district attorney is not going to help you find them.  The district attorney IS NOT going to point out what a poor job the cops did unless he has to.

Why is our firm better than the other ones?

Most trial attorneys know or have some idea what do with the facts of a case and “technicalities” as I’ve previously mentioned.  Some attorneys are, of course, better than others.

But why us?

  • We don’t believe in paralegals and staff. Therefore, when you call your attorney, you will speak directly to your attorney.
  • When a motion is filed, your attorney researched and filed it. Your attorney is going to argue it so they should know it inside and out.  That’s what you are paying for.
  • When your ex or soon to be ex does something, your attorney needs to know, not some secretary. The secretary is not going to argue the case in court, the attorney is.
  • If you have any billing or legal service statement issues, Attorney Mark Mullen, President and founding member of the firm answers the phone….always. He does the books, issues the checks and makes the financial calls on your case. If you call the main number, it will be him you talk to, period.
  • We encourage payment plans. Most of our clients are not rich and therefore cannot put down the entire amount of the retainer at the time of hiring.

What kind of money am I going to have upfront to hire you guys?

If you have a job or a credit card, we ask for half of the quoted retainer.   When you’re serious and ready to proceed with your case, putting SOME money down lets us know you’re serious.  When your serious and ready to go, so we.